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Working at Heights and the Use of Contractors
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Posted By Ian Clay1
I work for a local authority which carries out minimal tree works. Due to the introduction of the Working at Height regs we have been informed by the HSE that we must actively look at using Mobile Elevated Work Platforms where ever possible. this will not be cost effective to our service and therefore will cause the work to be contracted out.
I know contractors also have to abide by the regulations, but am I in my rights to request that all method statements and risk assessments submitted ensure that they have looked at using MEWP's and if this is not what they are to do and they have an accident on our premises whilst contracted by us we are liable for any claims and prosecution by the HSE?
Many thanks for your help.
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Posted By Phillipe
Would section 4 not apply in this case?
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Posted By rks
If you are sub contracting the work out you can do a vendor assessment of all the contractors safety arrangements that they have in place and stipulate that if they want the job they have to use any equipment or scaffolding that you require otherwise they do not get the contract.
Problem solved.
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Posted By Jim Walker
In most tree work situations MEWPs would be inappropriate.
Who from the HSE is advising this? recent school leaver?
Anyways, even if you use contractors, you can't wash your hands of a decent SSoW being required.
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Posted By Ron Hunter
Ian, could I suggest that as a local authority, you may well have such equipment already in the wider inventory, and that there is an opportunity here for "cross- department" working to make best use of resources and maximise compliance with WAHR.The HSE are correctly asking you to apply the WAHR heirarchy.
As far as Contractors go, the rules are the same. If you appoint a contractor, someone has to assess and confirm their method statements & monitor their performance. Can't see how it would be cheaper to pay a premium to a subby tho'?
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Posted By stuart cross
Hi
Have a look at the new consultative document on the Work at Heights (amendment) Regulations, this covers tree work (and caving. Can't remember if I accessed it though HSE or HSEbooks.com
Stuart
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Posted By Ian Clay1
The HSE inspector was an Agricultural and Aroricultural expert, so very knowledgable. he gave me a copy of the research report "Use and Effectiveness of mobile elevated work platforms (MEWPS) for tree work. This outline all what he has said. RR123.
He knew his stuff.
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Posted By Jim Walker
Ian,
I had lept in there, sorry. I guess LAs have quite a few trees that can be accessed from hard standing and therefore a MEWP might be OK.
I know you can also get them on a "tractor chassis" as well.
I concede consideration of use is not the same as use (as I read it at first).
Personally (and I know irrationally!) I feel safer climbing trees than in a elevated cage at the same height.
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Posted By Ali
You may request method statement & risk assessment, but don't put yourself in a position where you are actively vetting their assessment, which is a legal duty imposed on them alone. What is of interest in the risk assessment is how their work is likely to affect other persons such as youselves or joe public, but don't take responsibility for their risk assessment - that is an employer's duty.
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Posted By Ron Hunter
Ali; if you don't vet the method statement and R/A, how do you ensure the comepetency of those you engage?
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Posted By ddraigice
The local authority does have a duty to ensure (as does anyone who employs a contractor to undertake work on their behalf) that the contractor is competent and that their ra/ms is up to standard. One could argue that large companies/organisations with access to a greater level of h&s advice should do more than just accept competence and become actively involved with the planning of the work. After all, they will have a duty under section 3 but also have to look at how the work will affect their own employees as well.
In the case of an accident and if the accident was due to poor planning of the work etc. the main company may also be held accountable.
An earlier posting gave a great example of this - not even an accident.
See
http://www.safetynews.co...20work%20at%20height.htm
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Posted By Steve B
If you employ a contractor to carry out the work, you are required to ensure you employ a competent contractor and also ensure you review their method statements and RA's. As far as the work at height regulations are concerned, the hierarchy of control measures would need to be adopted to ensure all avenues have been explored with regards the use of access equipment. If your contractor wants to use a ladder for example, I would ask them to prove it was the safest and most practicable piece of equipment to use and not the cheapest or most convenient, remember ladders should be used for access, egress and tasks that are low risk and short duration (you make your mind up what is low risk and short duration) but as a rule of thumb I say 10mins and maintain 3 points of contact, others may be a little more lenient, but as far as I am concerned falls are still killing and maiming far to many people because some businesses decide to go for the cheapest, easiest option. A cherry picker is the most effectiv way for tree work these days and the cost of hiring one against the cost of a death or major injury, well I am sure you can work it out.
hope this helps
I will get off my soap box now
Regards
SteveB
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